Case Law

European Court of Justice: Joined cases C-141/12 and C-372/12 - YS and OthersJudgment of the Court (Third Chamber) of 17 July 2014.YS (C-141/12) v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel (C-372/12) v M and S.References for a preliminary ruling: Rechtbank Middelburg, Raad van State - Netherlands.Protection of individuals with regard to the processing of personal data - Directive 95/46/EC - Articles 2, 12 and 13 - Concept of ‘personal data’ - Scope of the right of access of a data subject - Data relating to the applicant for a residence permit and legal analysis contained in an administrative document preparatory to the decision - Charter of Fundamental Rights of the European Union - Articles 8 and 41.

European Cout of Justice: C-683/13 - Pharmacontinente - Saúde e Higiene and OthersOrder of the Court (Eighth Chamber) of 19 June 2014.Pharmacontinente - Saúde e Higiene SA and Others v Autoridade Para As Condições do Trabalho (ACT).Reference for a preliminary ruling: Tribunal do Trabalho da Covilhã - Portugal.Article 99 of the Rules of Procedure of the Court of Justice - Processing of personal data - Directive 95/46/EC - Article 2 - Concept of ‘personal data’ - Articles 6 and 7 - Principles relating to data quality and criteria for making data processing legitimate - Article 17 - Security of processing - Working time - Record of working time - Access by the national authority responsible for monitoring working conditions - Employer’s obligation to make available the record of working time so as to allow its immediate consultation.

European Court of Justice: C-131/12 – Google v Costeja González Judgment of the Court (Grand Chamber) of 13 May 2014.Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González. Reference for a preliminary ruling: Audiencia Nacional - Spain. Personal data - Protection of individuals with regard to the processing of such data - Directive 95/46/EC - Articles 2, 4, 12 and 14 - Material and territorial scope - Internet search engines - Processing of data contained on websites - Searching for, indexing and storage of such data - Responsibility of the operator of the search engine - Establishment on the territory of a Member State - Extent of that operator’s obligations and of the data subject’s rights - Charter of Fundamental Rights of the European Union - Articles 7 and 8.

European Court of Justice: Joined cases C-293/12 and C-594/12 - Digital Rights Ireland, Seitlinger and OthersJudgment of the Court (Grand Chamber) of 8 April 2014.Digital Rights Ireland (C‑293/12) v Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, Commissioner of the Garda Síochána, Ireland, The Attorney General, and Kärntner Landesregierung (C‑594/12), Michael Seitlinger, Christof Tschohl and others. Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union.

European Court of Justice: C-288/12 - Commission v HungaryJudgment of the Court (Grand Chamber) of 8 April 2014.Commission v Hungary.Failure of a Member State to fulfil obligations — Directive 95/46/EC — Protection of individuals with regard to the processing of personal data and the free movement of such data — Article 28(1) — National supervisory authorities — Independence — National legislation prematurely bringing to an end the term served by the supervisory authority — Creation of a new supervisory authority and appointment of another person as head of that authority.

General Court: T-214/11 - ClientEarth and PAN Europe v EFSA (on appeal) Judgment of the General Court (Sixth Chamber) of 13 September 2013.ClientEarth and Pesticide Action Network Europe (PAN Europe) v European Food Safety Authority (EFSA).Access to documents - Regulation (EC) No 1049/2001 - Names of experts who submitted comments on a guidance document relating to the scientific documents to be included in applications for authorisation to place plant protection products and the active substances contained in those products on the market - Refusal of access - Exception concerning protection of privacy and the integrity of the individual - Protection of personal data - Regulation (EC) No 45/2001 - Obligation to state reasons.

European Court of Justice: C-486/12 – XJudgment of the Court (Eighth Chamber) of 12 December 2013.Proceedings brought by X.Reference for a preliminary ruling: Gerechtshof te 's-Hertogenbosch - Netherlands.Protection of individuals with regard to the processing of personal data - Directive 95/46/EC - Conditions for exercising a right of access - Levying of excessive fees.

European Court of Justice: C-342/12 – WortenJudgment of the Court (Third Chamber) of 30 May 2013.Worten - Equipamentos para o Lar SA v Autoridade para as Condições de Trabalho (ACT).Reference for a preliminary ruling: Tribunal do Trabalho de Viseu - Portugal.Processing of personal data - Directive 95/46/EC - Article 2 - Concept of ‘personal data’ - Articles 6 and 7 - Principles relating to data quality and criteria for making data processing legitimate - Article 17 - Security of processing - Working time - Record of working time - Access by the national authority responsible for monitoring working conditions - Employer’s obligation to make available the record of working time so as to allow its immediate consultation.

European Court of Justice: C-291/12 – SchwarzJudgment of the Court (Fourth Chamber) of 17 October 2013.Michael Schwarz v Stadt Bochum.Reference for a preliminary ruling: Verwaltungsgericht Gelsenkirchen - Germany.Reference for a preliminary ruling - Area of freedom, security and justice - Biometric passport - Fingerprints - Regulation (EC) No 2252/2004 - Article 1(2) - Validity - Legal basis - Procedure for adopting - Articles 7 and 8 of the Charter of Fundamental Rights of the European Union - Right to respect for private life - Right to the protection of personal data - Proportionality.

European Court of Justice: T-190/10 - Egan and Hackett v ParliamentJudgment of the General Court (Fifth Chamber) of 28 March 2012.Kathleen Egan and Margaret Hackett v European Parliament.Access to documents - Regulation (EC) No 1049/2001 - Registers of assistants to former members of the European Parliament - Refusal of access - Exception relating to the protection of privacy and the integrity of the individual - Protection of individuals with regard to the processing of personal data - Regulation (EC) No 45/2001.

European Court of Justice: T-82/09 - Dennekamp v ParliamentJudgment of the General Court (Second Chamber) of 23 November 2011.Gert-Jan Dennekamp v European Parliament.Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme - Refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - Article 8(b) of Regulation (EC) No 45/2001 - Transfer of personal data.

Court of First Instance: T-259/03 (judgment of 12 September 2007) Nikolaou v Commission Non-contractual liability - Inquiry of the European Anti-Fraud Office (OLAF) concerning a Member of the Court of Auditors - Divulgence of information - Protection of personal information - Access to the inquiry file and to OLAF's report - Sufficiently serious breach of the rules of law conferring rights on individuals - Causal link - Loss) / Re: Action for damages, pursuant to the second paragraph of Article 288 EC, for the loss suffered by the applicant following publication of information concerning an inquiry carried out concerning her by the European Anti-Fraud Office (OLAF) and OLAF's refusal to grant her access to the inquiry file and to supply her with a copy of its final report.

European Court of Justice: Joined Cases C-317/04 and C-318/04 (judgment of 30 May 2006 / European Parliament v Council of the European UnionThe court annuls the council decision concerning the conclusion of an agreement between the European Community and the United States of America on the processing and transfer of personal data and the Commission decision on the adequate protection of those data - Protection of individuals with regard to the processing of personal data - Air transport - Decision 2004/496/EC -Agreement between the European Community and the United States of America - Passenger Name Records of air passengers transferred to the United States Bureau of Customs and Border Protection - Directive 95/46/EC - Article 25 -Third countries - Decision 2004/535/EC - Adequate level of protection